High Court Won't Review False Patent Marking Statute

Law360, New York (October 7, 2013, 5:48 PM EDT) -- The U.S. Supreme Court on Monday refused to hear a case challenging a part of the America Invents Act that nullified many pending suits alleging false patent marking, likely closing the door to constitutional challenges to the provision.

The 2011 patent reform law blocked most third parties from filing suits alleging that companies had marked their products with incorrect or expired patents. The new restrictions applied to suits that had already been filed when the law was passed, including Public Patent Foundation Inc.'s suit against Johnson...
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